(ii) Has been offered for sale, lease, or license to the general public; (2) A product that evolved from a product described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation; (3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for-, (i) Modifications of a type customarily available in the commercial marketplace; or. Classified contract means any contract in which the contractor or its employees must have access to classified information during contract performance. Governmental functions normally fall into two categories: the act of governing, i.e., the discretionary exercise of Government authority, and monetary transactions and entitlements. Disaster Response Registry means a voluntary registry of contractors who are willing to perform debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities established in accordance with 6U.S.C. Cost sharing means an explicit arrangement under which the contractor bears some of the burden of reasonable, allocable, and allowable contract cost. Single, Governmentwide point of entry, means the one point of entry to be designated by the Administrator of OFPP that will allow the private sector to electronically access procurement opportunities Governmentwide. (7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract. ), supply and demand must always remain in a delicate balance. (8) Information on management decisions that could have a significant bearing on costs. a low-quality grade of beef between standard and utility. Most related words/phrases with sentence examples define Commercial response meaning and usage. (3) Awards to HUBZone small business concerns through full and open competition after a price evaluation preference in favor of HUBZone small business concerns. (3) The term "information technology" does not include any equipment that-, (i) Is acquired by a contractor incidental to a contract; or. (3) Those other professional services of an architectural or engineering nature, or incidental services, that members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services. The elements may include hardware, equipment, software, or any combination thereof, but exclude construction or other improvements to real property. as the ones listed below procured in response to COVID-19 meet the commercial item definition (hereinafter "the definition") in the Federal Acquisition Regulation (FAR) 2.101 and therefore determines the items / services to be commercial. (ii) Less than a majority ownership, but over which it exercises control. Commercial is the broader term, covering all the activities and relationships of industry and trade. Customs territory of the United States means the 50 States, the District of Columbia, and Puerto Rico. Simplified acquisition threshold means $250,000, except for, (1) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. Contract modification means any written change in the terms of a contract (see 43.103). chapter 71, Contract Disputes, until certified as required by the statute. (iii) Jarvis Island. To date, more than16 million free copies have been distributed to the emergency . (ii) The Northern Mariana Islands; (2) Territories. ; or to support response to an emergency or major disaster ( 42 U.S.C. 40102(4), such as agricultural products and petroleum products. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. (ix) Wake Atoll. Solicitations under negotiated procedures are called "requests for proposals." 15852). In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. 1711). Latent defect means a defect that exists at the time of acceptance but cannot be discovered by a reasonable inspection. The law was passed by the town council in response to (= as a result of) complaints from residents. GEN Eisenhower's Response to German Ardennes Offensive by MAJ Amos C. Fox The U.S. Army exists to solve problems, whether that be to fight and win the nation's wars, provide humanitarian . The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time. Direct costs are not limited to items that are incorporated in the end product as material or labor. Special tooling does not include material, special test equipment, real property, equipment, machine tools, or similar capital items. (ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled. Response: FAR12 was implemented to streamline and improve the efficiency and effectiveness of the commercial acquisition process. Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. Value engineering means an analysis of the functions of a program, project, system, product, item of equipment, building, facility, service, or supply of an executive agency, performed by qualified agency or contractor personnel, directed at improving performance, reliability, quality, safety, and life-cycle costs ( 41U.S.C. chapter65, Contracts for Material, Supplies, Articles, and Equipment Exceeding $10,000; (5) 41U.S.C. (B) Sets forth the different responsibilities, roles, and percentages (or other allocations) of work as it relates to the acquisition; (i) For civilian agencies, may include two business concerns in a mentor-protg relationship when both the mentor and the protg are small or the protg is small and the concerns have received an exception to affiliation pursuant to 13 CFR 121.103(h)(3)(ii) or (iii). A neutral person must have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless the interest is fully disclosed in writing to all parties and all parties agree that the neutral person may serve ( 5 U.S.C.583). Commercial computer software means any computer software that is a commercial product or commercial service. (ii) To a significant extent, its use in the performance of a service or the furnishing of a product. It is doubtful whether the huge commercial premium that greets success to-day does good or harm. Useful life refers to the prospective period of economic usefulness in a particular contractors operations as distinguished from physical life; it is evidenced by the actual or estimated retirement and replacement practice of the contractor. 3015(2) and 41U.S.C. Power of attorney means the authority given one person or corporation to act for and obligate another, as specified in the instrument creating the power; in corporate suretyship, an instrument under seal that appoints an attorney-in-fact to act in behalf of a surety company in signing bonds (see also "attorney-in-fact" at 28.001). (ii) Guam. (C) To the contract type only. Segment means one of two or more divisions, product departments, plants, or other subdivisions of an organization reporting directly to a home office, usually identified with responsibility for profit and/or producing a product or service. Surety means an individual or corporation legally liable for the debt, default, or failure of a principal to satisfy a contractual obligation. means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. Cost or pricing data are factual, not judgmental; and are verifiable. [noncount] I am writing in response to your letter of July 17. Technical data means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). Looking for U.S. government information and services? Cost realism means that the costs in an offerors proposal-. (1) Federally-owned buildings or leased space, whether for single or multi-tenant occupancy, and its grounds and approaches, all or any portion of which is under the jurisdiction, custody or control of a department or agency; (2) Federally-controlled commercial space shared with non-government tenants. 2292 et seq. Debarment means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is "debarred.". Women-owned small business concern means, (1) A small business concern, (i) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and, (ii) Whose management and daily business operations are controlled by one or more women; or. What Is Corporate Social Responsibility (CSR)? Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products. They saw a lot of commercial potential in the internet, and they wanted to ensure that it wasnt burdened by a ton of litigation and regulation. Commercial component means any component that is a commercial product. commercial treaties; a merely commercial viewpoint. The Economy Act does not apply to orders under a Governmentwide acquisition contract. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. chapter 67, Service Contract Labor Standards, $2,500; (3) For acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. (11) For use in part 27, see the definition at 27.001. (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria and size standards in 13 CFR part 121 (see 19.102). Consent to subcontract means the contracting officers written consent for the prime contractor to enter into a particular subcontract. ; or to support response to an emergency or major disaster ( 42 U.S.C. Emergency, as used in 6.208, 13.201, 13.500, 18.001, 18.202, 18.203, and subpart 26.2, means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States ( 42 U.S.C. & Federal Agencies FREE TRIAL "Severity" determines the importance of an incident based on pre-defined guidelines. (1) Means a product that, (i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or. (3) "Women-owned small business (WOSB)" concern eligible under the WOSB Program means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. Qualifying offeror, as used in 13.106-1 and 15.304, means an offeror that is determined to be a responsible source, submits a technically acceptable proposal that conforms to the requirements of the solicitation, and the contracting officer has no reason to believe would be likely to offer other than fair and reasonable pricing ( 10 U.S.C. Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. 15.101-3 Tiered evaluation of small business offers. (3) Any other indefinite-delivery, indefinite-quantity contract entered into with two or more sources pursuant to the same solicitation. (6) The Environmental Protection Acts and Executive orders. Shop drawings means drawings submitted by the construction contractor or a subcontractor at any tier or required under a construction contract, showing in detail either or both of the following: (1) The proposed fabrication and assembly of structural elements. (3) A cosurety is one of two or more sureties that are jointly liable for the penal sum of the bond. 796, Registry of Disaster Response Contractors. (1) For purposes of this definition, equipment is used by an agency if the equipment is used by the agency directly or is used by a contractor under a contract with the agency that requires-, (i) Its use; or. noun 1. the act of responding; reply or reaction 2. bridge a bid replying to a partner's bid or double 3. Depreciation means a charge to current operations that distributes the cost of a tangible capital asset, less estimated residual value, over the estimated useful life of the asset in a systematic and logical manner. Certified cost or pricing data means "cost or pricing data" that were required to be submitted in accordance with FAR 15.403-4 and 15.403-5 and have been certified, or is required to be certified, in accordance with 15.406-2. Self-insurance includes the deductible portion of purchased insurance. Contract clause or "clause" means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award. Many commercial loans require collateral, such as property or equipment.. Twenty-Six Words Created the Internet. prepared, done, or acting with sole or chief emphasis on salability, profit, or success: a commercial product; His attitude toward the theater is very commercial. Labor surplus area means a geographical area identified by the Department of Labor in accordance with 20 CFR part 654, subpart A, as an area of concentrated unemployment or underemployment or an area of labor surplus. Past performance means an offerors or contractors performance on active and physically completed contracts (see 4.804-4). Commercial response definition based on common meanings and most popular ways to define words related to commercial response. See www.sam.gov for the designated entity for establishing unique entity identifiers. Electronic commerce means electronic techniques for accomplishing business transactions including electronic mail or messaging, World Wide Web technology, electronic bulletin boards, purchase cards, electronic funds transfer, and electronic data interchange. 15.102 Oral presentations. (3) Any item of supply being produced that does not meet the requirements of paragraphs (1) or (2) solely because the item is not yet in use. 109). Do you know the difference between everyday US and UK terminology? destination means free on board at destination; i.e., the seller or consignor delivers the goods on sellers or consignors conveyance at destination. General and administrative (G&A) expense means any management, financial, and other expense which is incurred by or allocated to a business unit and which is for the general management and administration of the business unit as a whole. HUBZone means a historically underutilized business zone that is an area located within one or more qualified census tracts, qualified nonmetropolitan counties, lands within the external boundaries of an Indian reservation, qualified base closure areas, redesignated areas, governor-designated covered areas, or qualified disaster areas, as defined in 13 CFR 126.103. Suspension means action taken by a suspending official under 9.407 to disqualify a contractor temporarily from Government contracting and Government-approved subcontracting; a contractor that is disqualified is "suspended. chapter 75, Requirements for Single Audits; an internal institutional risk assessment; or State law. Special competency means a special or unique capability, including qualitative aspects, developed incidental to the primary functions of the Federally Funded Research and Development Centers to meet some special need. (1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or. Supporting a diplomatic or consular mission means performing outside the United States under a contract administered by Federal agency personnel who are subject to the direction of a Chief of Mission. Simplified acquisition procedures means the methods prescribed in part 13 for making purchases of supplies or services. Responsible audit agency means the agency that is responsible for performing all required contract audit services at a business unit. chapter 35). Servicing agency means the agency that will conduct an assisted acquisition on behalf of the requesting agency. Pricing means the process of establishing a reasonable amount or amounts to be paid for supplies or services. (ii) Contains imbedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. Purchase order, when issued by the Government, means an offer by the Government to buy supplies or services, including construction and research and development, upon specified terms and conditions, using simplified acquisition procedures. (3) Are consistent with the various elements of the offerors technical proposal. Claim means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. The pace could pick up thanks to a new federal program that ships vaccine doses directly to certain commercial pharmacies. Direct acquisition means a type of interagency acquisition where a requesting agency places an order directly against a servicing agencys indefinite-delivery contract. Neither the financial institution nor the offeror/contractor can revoke or condition the letter of credit. The servicing agency manages the indefinite-delivery contract but does not participate in the placement or administration of an order. (4) Facilities under a management and operating contract, such as for the operation, maintenance, or support of a Government-owned or Government-controlled research, development, special production, or testing establishment. The IRD's views and clarifications on the more important issues from the Hong Kong profits tax, BEPS 2.0 and e-filing perspectives are summarised below. Commercial, mercantile refer to the activities of business, industry, and trade. The IRD and the HKICPA held their 2022 annual meeting in May last year to discuss and exchange views on various tax issues. Define Commercial License Response. The term does not include computer software. Insert the clause at 52.202-1, Definitions, in solicitations and contracts that exceed the simplified acquisition threshold. (ii) The source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government; (2) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. THINGAMABOB OR THINGUMMY: CAN YOU DISTINGUISH BETWEEN THE US AND UK TERMS IN THIS QUIZ? (c) Except for the acquisition of commercial products or commercial services (see 5.203(b)), agencies shall allow at least a 30-day response time for receipt of bids or proposals from the date of issuance of a solicitation, if the proposed contract action is expected to exceed the simplified acquisition threshold. If the contractor receives the termination notice after the date fixed for termination, then the effective date of termination means the date the contractor receives the notice. An experienced private investigator says police have taken days to respond to evidence his firm collected about a commercial theft. Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. (1) Means a subset of consolidation that combines two or more requirements for supplies or services, previously provided or performed under separate smaller contracts (see paragraph (2) of this definition), into a solicitation for a single contract, a multiple-award contract, or a task or delivery order that is likely to be unsuitable for award to a small business concern (even if it is suitable for award to a small business with a Small Business Teaming Arrangement) due to. Synonym Discussion of Response. (2) In this context, the term does not mean that the source has the sole capability of performing the research. For cost-reimbursement research and development contracts with educational institutions, it may be predetermined; that is, established for a future period on the basis of cost experience with similar contracts, together with supporting data. Small disadvantaged business concern consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that: (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by, (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and, (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and. Contracts do not include grants and cooperative agreements covered by 31 U.S.C.6301, et seq. Facilities capital cost of money means "cost of money as an element of the cost of facilities capital" as used at 48 CFR 9904.414-Cost Accounting Standard-Cost of Money as an Element of the Cost of Facilities Capital. Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C.9101. Advisory and assistance services means those services provided under contract by nongovernmental sources to support or improve: organizational policy development; decision-making; management and administration; program and/or project management and administration; or R&D activities. (ii) A higher threshold, as determined appropriate by the head of the agency and consistent with clean audit findings under 31 U.S.C. Continued portion of the contract means the portion of a contract that the contractor must continue to perform following a partial termination. (iv) Is not otherwise available within the Federal Government. (10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates. This shows grade level based on the word's complexity. US national . Change order means a written order, signed by the contracting officer, directing the contractor to make a change that the Changes clause authorizes the contracting officer to order without the contractors consent. (2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition. Day means, unless otherwise specified, a calendar day. The meaning of RESPONSE is an act of responding. G&A expense does not include those management expenses whose beneficial or causal relationship to cost objectives can be more directly measured by a base other than a cost input base representing the total activity of a business unit during a cost accounting period. 2292 et seq. (b) Other parts, subparts, and sections of this regulation (48 CFR chapter 1) may define other words or terms and those definitions only apply to the part, subpart, or section where the word or term is defined. Response crews are conducting rescue efforts while concerns grow about the structure's "imminent risk of collapse" . Make-or-buy program means that part of a contractors written plan for a contract identifying those major items to be produced or work efforts to be performed in the prime contractors facilities and those to be subcontracted. Subpart 15.1 - Source Selection Processes and Techniques 15.100 Scope of subpart. Substantial evidence means information sufficient to support the reasonable belief that a particular act or omission has occurred. HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) ( 13 CFR 126.103). Labor surplus area concern means a concern that together with its first-tier subcontractors will perform substantially in labor surplus areas. (2) The term "information technology" includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources. The definition of Presidential records in PRA excludes "extra copies of documents produced only for convenience of reference, when such copies are clearly so identified." 44 U.S.C. Commercially available off-the-shelf (COTS) item , (1) Means any item of supply (including construction material) that is. (2) That part, subpart, or section applies to the word or term when used in that part, subpart, or section. (2) "Separate contract" as used in this definition, means a contract that has been performed by any business, including small and other than small business concerns. Full and open competition, when used with respect to a contract action, means that all responsible sources are permitted to compete. Cost or pricing data is required to be certified in certain procurements (10 U.S.C. Receiving reports must meet the requirements of 32.905(c). Included are efforts that support or contribute to improved organization of program management, logistics management, project monitoring and reporting, data collection, budgeting, accounting, performance auditing, and administrative technical support for conferences and training programs. Terminated portion of the contract means the portion of a contract that the contractor is not to perform following a partial termination. Ineligible means excluded from Government contracting (and subcontracting, if appropriate) pursuant to statutory, Executive order, or regulatory authority other than this regulation ( 48CFR chapter 1) and its implementing and supplementing regulations; for example, pursuant to. The GPE is located at https://www.sam.gov. 1535); and. Warranty means a promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract. Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. (3) The system is designated a "major system" by the head of the agency responsible for the system ( 10 U.S.C. (See 41 CFR 102-36.40). Construction means construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. Proper invoice means an invoice that meets the minimum standards specified in 32.905(b). Personal services contract means a contract that, by its express terms or as administered, makes the contractor personnel appear to be, in effect, Government employees (see 37.104). 11314(a)(2). Drug-free workplace means the site(s) for the performance of work done by the contractor in connection with a specific contract where employees of the contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. Continued portion of the burden of reasonable, allocable, and equipment Exceeding $ 10,000 (. Responsible audit agency means the 50 States, the seller or consignor delivers the goods on or... Chapter 75, Requirements for Single Audits ; an internal institutional risk ;... Respect to a significant extent, its use in the performance of a contract action, means that responsible. To ( = as a result of ) complaints from residents contract in which the bears., as amended completed contracts ( see 4.804-4 ) the Northern Mariana Islands ; 5... 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